Skip to main content

tv   The Willis Report  FOX Business  September 28, 2014 4:00am-5:01am EDT

4:00 am
stewart and bill maher go on the attack. we have our priorities backwards thanks to the liberal gone . ashley: and hello, everyone. i'm ashley webster in tonight for gerri willis. coming up on the show, a mixed bag for consumers as the cost of everything seems to be going up except petrol, gas. it's being called apple's worst product launch ever. we'll have the latest on the glitches and fixes. and did disney rip off a woman's life story for the movie "frozen"? one plaintiff says yes, and our legal panel weighs in. "the willis report," where consumers are our business, starts right now. and we begin tonight with the middle class squeeze. americans are getting left behind in this recovery. and despite the upbeat jobs and gdp reports from the federal government, many middle class
4:01 am
americans say their bottom lines are not improving. so why the disconnect, and when will all americans start feeling the recovery? let's bring in steve moore, and fox news contributor, steve, thanks for being here. the middle class squeeze. the latest economic data, 8 million jobs created, jobless rate down to 6.1%, why hasn't the middle class been invited to the party? >> let's start with the good news, we have gotten good news over the last couple of days and weeks, actually. that 4.6 gdp number is a positive number. it's one of the best quarters we had since the great recession began, and got over with. so we should celebrate that, and i just see other positive signs in the last few weeks, unemployment insurance claims continue to fall, suggesting we might get a good jobs number in the next couple of weeks. i'm looking at the dollar, the
4:02 am
dollar is strong. so all of these signs suggest to me, ashley, the economy, and we've had false starts, i don't want to get carried away here, looks like the economy is kicking into higher gear. you put your finger on the big problem which is so many people in the middle class aren't feeling it yet, and you see this embedded in the polling data that shows half of americans think we're still in a recession. and one of my theories behind this, ashley, we look at consumer price index and say inflation is 1.8, 1.9%, consumers say you have been to the grocery store lately? had to pay a health insurance claim. i did a study for i found the middle class inflation is running at about 2 to 3 times higher than the official number. ashley: let's not forget the middle class wage are stagnant for years now, if not longer. >> theet squeeze, isn't it,
4:03 am
ashley, people are feeling 4 or 5% price increases, but wages have gone up 2%. they're running behind inflation, they have to work harder to pay the bills. when people say wow, the economy is doing well, president obama said every statistic shows improvement. mr. president, a lot of statistics show improvement, but middle class real incomes, that has not shown improvement. ashley: what's the endgame? if we continue on this trajectory, steve, we have those who have all the money, and those in the middle class, what, are they falling as this gap between the haves and the havenots is going to get wideer? >> i'm going to be optimist and say if we start to see a pickup in growth, the fundamental ailment of the economy for the last five years has been we've been in a recovery but a pitiful recovery, half paced of what we usually get. if you get the economic growth rate to 2, 2 1/2, 3% on a
4:04 am
sustainable level, workers can demand pay raises and get the increase in take-home pay that they haven't seen for 8, 9, 10 years. ashley: yeah, the problem is the companies, as i see, it have gotten used to doing less with a lot more work and people are afraid to speak up and ask for more money, they fear there's a line of people behind them willing to take their job for what they're being paid. it's a self-fulfilling prophecy? >> this is a big problem. again, you nailed it. the fact is american companies are profitable and they're efficient and productive, but they've become profitable and efficient and productive by laying off workers that they don't need, and by using machinery rather than workers and so on. hopefully if the growth continues, though, they're going to need to expand operations and have to hire more workers. that gives workers a little more leverage. the one piece of positive news
4:05 am
today ashley is that business spending, business investment was up. that's a really good sign in terms of where we're headed in the future. ashley: very quickly, almost out of time, what can washington do to help the middle class. >> get out of the way! it's not that complicated, ashley! [ laughter ]. >> i could give you a list of ten things. but the fact that washington is in gridlock and paralysisis, that is not a bad thing for business. ashley: absolutely right. all they have to do is get out of the way. steve moore, glad you didn't get out of the way. appreciate it. >> take care, have a great weekend. ashley: you, too. that's the great question, what is congress doing about the middle class squeeze? they're getting in the way, apparently, what needs to be done. we'll get answers monday morning when maria bartiromo is joined by former vice presidential candidate congressman paul ryan at 10:00 a.m. eastern time. do not miss that interview on maria's show. one thing actually getting cheap are for consumers. thank goodness, gas prices.
4:06 am
in fact our next guest says drivers may see prices dip below 3 bucks a gallon. we're not kidding you, this is true. here is senior analyst. please tell me you're not joking, could we see gas going below three bucks a gallon. is that true? >> true, ashley. there's already 15 states right now that have some stations that have prices below $3 a gallon. and most of the states i have to say are in the southern half of the country and states that have the lowest combined federal and state gas tax. the low tax states see the benefits. but we're saying that between, sometime between thanksgiving and christmas, we expect that there will be 30 states that are somewhere within the borders, you'll see prices below $3 a gallon. ashley: that's pretty amazing, isn't it. we have the tensions in the middle east, normally any time
4:07 am
we have a situation like that, we can rely on gas prices to go up. why aren't they this time? >> that's a really good point. if we were having this discussion in almost any other year, we would be expecting significant spikes in crude oil prices and huge spikes in retail gasoline. this year is very different and it's because there is such a boom in energy production. we're producing more fuel in the united states right now than we have in about 30 years, and as a result, many of the issues that have occurred in the middle east, things that occurred with russia and ukraine have been somewhat nullified as far as what their impact might be to global cued crude oil prices. we've seen barely a ripple on the crude oil prices. >> how low can prices go, then? getting into the winter fuel period.
4:08 am
is that traditionally cheaper than the summer fuel? >> it is. it's because winter blend gasoline has fewer additives. it doesn't have the same additives as the summer blend and takes refineries less time to produce that gas, and don't forget, this gas is made available at a time of year when demand declines significantly. we're using about 12 million gallons a day right now less than what we used in the peak summer driving season. all of this comes into play, and that's why the national average is quite a bit lower today than a year ago. it's $3.34 right now. a year ago it was 12 cents higher. we're projecting by the end of the year, we're going to see the national average somewhere between $3.15 and $3.25 a gallon. ashley: impressive does, that continue until we get into -- i know this is a long way off -- spring and summer of next year, conceivably, could we see prices lower for an extended period of time? >> unfortunately, ashley, the
4:09 am
party comes to an end. in the first quarter of the new year, the refineries have to start depleting inventory of the winter blend gasoline to get ready for the transition back to summer blend, and have a lot of checks and balances to take care of. annual maintenance that they scheduled in the first quarter, before they get started on that summer blend production. ashley: where traditionally are you? you mentioned the southern stating are cheaper. those states have the least amount of taxes. the highest is what, hawaii? >> hawaii, california, the pacific northwest is very high. new york has the highest taxes in the country. don't expect to see gas below $3 in new york. if you go across the gw bridge, you can get gas below $3 right now. >> fantastic, gregg, thank you for joining us. appreciate it. >> my pleasure. ashley: good news on gas price. we need that. still a lot more to come this hour, including what could be a slippery slope regarding the
4:10 am
minimum wage in los angeles. and next, yesterday's losses are wall street, poof! all gone today. what sent stocks soaring in the green? the good news for your 401(k) after the break.
4:11 am
4:12 am
4:13 am
. ashley: nike fueling the markets today. stocks rebounding from yesterday's sell-off. the dow ending up 167 points, and 62 belongs to nike, the athletic apparel company's stock surging after better than expected earnings. thanks in part to the world cup. with more on this jonas max ferris, the co-founder of max and a fox news contributor. thank you for being here. what a difference a day makes, 24 hours, for the markets, big turnaround, were you surprised or expect that? >> little surprised. i thought we were getting ahead of ourselves. it seemed like expert investors know stocks are getting expensive. particularly small caps and valuations, alibaba ipo. and yet, it didn't really materialize into much of a pullback. i think people don't want to
4:14 am
leave the party, they think it's going up. cash and bonds don't yield anything, there is trouble in the bond market, and maybe it's 1998, another year of big returns, you have to sit out. ashley: what do we have today? people looking for bargains after the sell-off? >> people are looking for -- looking for buying opportunities, more than 200 or 300-point drop, i'm hoping to get cheaper prices. a couple years with no real pullbacks. ashley: can we expect the volatility to continue? >> i think so because there's dual forcing of a lot of cash that wants to go in the market and a lot of nervous money that's come in recently looking for pullback. you don't want to get ahead of a 10% pullback. ashley: and news of the gdp revised up 4.6%, impressive for the second quarter. which raises the specter, the fed raising rates. how much of a factor is, that
4:15 am
the good news versus the bad news? >> the news that the rates are going to go up is so telegraphed. ashley: don't worry about it. >> earnings problems and all the growth stocks. i think interest rates might go up because of reasons related to the bond market and funds, not because of the fed. ashley: interesting following the u.s. dollar, up for the 11th straight week, that's the longest winning streak back to 1971 against a basket of other currencies, what impact does that have? >> not ideal to have a strong dollar, but it's almost we have no choice because it wasn't that long ago that it was going to be -- first the euro. ashley: how funny is that? >> with greece, and the pound, a very stable country until they vote to break it apart. it makes the u.s. power by process of elimination and
4:16 am
probably will for the next 10, 20 years. ashley: it makes u.s. products expensive? >> it is. the dollar is weaker. it's not -- the tough guy likes to have a strong dollar, from a business point of view ompete f weaker dollar. too high a value on the currency. the real reason germany is in the euro is to keep in the industry so they can sell stuff like it's sweden. ashley: you mentioned the bond market, i have to mention bill gross. >> all day i've been selling pimco funds. ashley: is that right? >> i think it's a huge, huge story. ashley: there's a lot of smart people that still work at pimco. >> a lot of them left a few months ago, if you recall. you know, this reminds me janus in 2000 when that was the favored fund family bringing in 10 million dollars a month in stock funds and started to fall apart.
4:17 am
the founder left and people are like don't worry about. they have all this deep-seated talent. ashley: it is similar. >> that's what happened to the tech fund. the bond market isn't like the growth stock market, these funds have almost 2 trillion dollars in them. general fears about bonds, but when you get in a situation, why stay in the fund if the manager you bought was gone. ashley: right. >> and get redemptions, filing, forced sales into the bond market which has liquidity anyway, pricing problems at pimco, i'm worried about the cascade of money leaving, not because it, should but because you want to get ahead of it and it is. mutual fund, one bond blew up and the money market funds, everyone is out door. if the government didn't support that, that would have been chaos in the debt markets.
4:18 am
ashley: busy day for jonas max ferris. >> i'm out. ashley: thank you for joining us, appreciate it. time for a look at stories you're clicking on. activist investor is urging yahoo! to buy aol and compete against the likes of facebook and marissa mayer says they accumulated a significant stake in yahoo! consumer confidence reaching highest level since july of last year according to the university of michigan, index of consumer sentiment rose to 84.6, the second highest level since the great depression. the index stood above 90. and intel paying up to 1.5 billion dollars for a 20% stake in the chinese venture. this will help design and make intel branded chips for mobile phones. intel struggling to gain ground after dominating desktop and laptop computers. bad news for most companies, good news for blackberry, posting a loss of
4:19 am
200 million dollars. sounds bad, but days after announcing a new phone, by the way, that loss is less than nearly a billion dollars a year ago. those are some of the top stories on coming up on the show, out to the plaza for delicious recipes, i'm going to find a chef's hat. los angeles raising minimum wage into the double digits. will your city be next?
4:20 am
4:21 am
4:22 am
you guys are just ohtwo big softies.. cut it out... look at these guys. oh, you... [laughter] ohhh! they just unlocked our channels for a week! ohhh...and... they just made it free. ahh...looks like it's xfinity free channel week! we've unlocked a collection of channels on tv and xfinity on demand, like encore, nick jr. and disney xd. totally free for a week! learn more at that's why i'm a cat guy. . ashley: hotel workers in l.a. could be having the highest rate in the country. the los angeles city council
4:23 am
agreeing to hike the minimum wage to over $15 an hour, the question is will other cities follow, and what's that going to cost you in the long run? here to weigh in ramina boettcher fellow at the heritage foundation. ramina, let's begin there, what do you think of this position? do you agree with it? >> it's a decision, it's a big win for the unions. have you to understand this only affects about 40 hotels that are nonunionized. the unions explicitly excluded themselves from this new rule, and what this will do is raise hotel prices in the l.a. area which will hurt the entire community there, especially low wage workers in service industries who drive taxis, provide food. conferences that may have gone to l.a. will go to other cities where hotel prices are affordable. ashley: good point, david, do you agree? >> no. this policy is clearly good for
4:24 am
the economy. right now the fundamental problem is that we don't have enough demand in the economy. workers don't have enough money in the pockets. this is about ensuring that the economy starts to work for everyone, and we create a virtuous cycle that investors want to invest because there are businesses there. ashley: if things get more expensive in l.a. and companies are cost conscious, wouldn't they perhaps change their minds and go somewhere else, so you're losing any dollars that come into the l.a. economy? >> you know, that's possible, but the studies that look at increases in minimum wage, that compare regions that have raised it, there is no employment effect. you are starting to see high minimum wages in seattle-tacoma. businesses there, hotels are continuing expansion plans, hiring more workers. you are seeing this is good for worker, good for the economy. it's also good for taxpayers. right now we are subsidizing
4:25 am
low wage work with things like medicaid and food stamps. when you raise the minimum wage, you cut the subsidies. this is a moral statement that work should pay. you should not be living in poverty if you work full-time, and this is a big step to do that. about 40% of the hotel workers in l.a. live in poverty. ashley: interesting points, rommina, pick up on what david said, good for worker, good for the economy, good for taxpayers because maybe the people who would be on benefits don't have to rely on benefits now because they're earning more money, how would you respond? >> it sounds good and will benefit workers who have full-time jobs in the industry. it will hurt job creation industry, and many workers will lose their jobs, and several hotels in the area announced that if this rule goes into effect, the city council has another opportunity to consider on october 1st and go back and adopt pro-growth policies, not
4:26 am
policies that harm job creation. this will hurt the lowest wage workers and companies will cut back hours, and then it's not helping the workers at all. it's hurting them. ashley: david, what about that? will hours be cut back because of higher rates and job creation, some hotels considering not expanding because of this? >> well, you know, businesses cry wolf about having to pay workers more, when you look at evidence of what happens when you raise workers' wages, it does not have employment effects. best studies show. that and i just mentioned seattle-tacoma. they have $15 minimum wage, it's been implemented and you see hotels expanding. right before it happened, they claimed they would have to lay off workers. you get more productive worker, people stay on the job longer, and it is part of boosting a demand and make the economy work for everyone. ashley: romina, do you think
4:27 am
l.a. will go through with this? do you see other cities following suit? >> i think other cities will benefit if they go through with this. their cities will look more attractive to conferences. with sea-tac, workers may see wages increase and benefits cutback, location pay, free food they used to get, they have to pay for parking. there are other effects that aren't mentioned. the minimum wage, it locks people out. i think it's better to have a job at $10 an hour than no job at all, because the government requires you to pay $15 or more. ashley: out of time. clearly lots to talk about. we'll continue to follow it. thank you for joining us tonight, we appreciate it. >> thanks for having us. ashley: apple responding to consumer complaints is it enough to restore trust in the company? i'm headed outside for indian summer mediterranean
4:28 am
style, kebabs and other mediterranean dishes, "hello. you can go ahead and put your bag right here." "have a nice flight." ♪ music plays ♪ music plays traveling can feel like one big mystery. you're never quite sure what is coming your way. but when you've got an entire company who knows that the fewest cancellations and the most on-time flights are nothing if we can't get your things there, too.
4:29 am
it's no wonder more people choose delta than any other airline.
4:30 am
4:31 am
. ashley: welcome back, everybody. mmm, the smells, we're grilling up mediterranean dishes with a modern twist prepared with fresh ingredients. joining me is the executive chef of babbonia restaurant in new york city. thank you, chef. appreciate it. >> thank you. ashley: round of applause. [ applause ] >> the crowd is here because the smell has gone out. there you go. tell me what we're doing, the lam kebab pita? >> what we're going to do, bringing the middle eastern street food into your home kitchen. we are doing it more refined. we start with home made ground
4:32 am
lamb kebab made with fresh onions, fresh herbs and middle eastern spices. ashley: not too hot. >> a little pepper and we're going to throw them on the grill. ashley: how long does it take? not long to make, right? >> the actual preparing the kebab, if the meat is ground, 10, 15 minutes and cooks to medium in four, five minutes. >> fabulous. >> in the meantime -- >> what goes in there with it. >> we have home made pita. we start with the pita, and we are going add a few traditional ingredients. ashley: you have a slew of things going in here. >> we do everything with tahini back home. ashley: that is the go to ingredient. >> and we have mango with curry, a little chopped salad,
4:33 am
makes everything happier and home made pickled cucumbers with the pita. we usually serve it with home made pickles, pickled red cabbage, pickled baby eggplant. ashley: i got to tell you, the smell, the aroma, everyone around, ahhhh, a lot better than smells on the new york street. a little tomato salad. >> yes, we do, at the end of the season, we have the best local product. this is beautiful tomato, heirloom tomatoes straight from the farmer's market, pretty much all of them are from new york state or new jersey. ashley: beautiful. >> we do salads we still have on the menu until next week. we have all kinds of tomatoes. ashley: you can still have salad. >> all different kinds of tomatoes. we will place them in a mixing bowl. ashley: all right. >> we have our tomatoes.
4:34 am
all different sizes, all different types. ashley: what else are we going to throw in here? >> sherry vinegar and balsamic vinegar which are mixed, a little acidity goes a long way. ashley: my wife is going to expect me to cook this when i get home. >> i'll give you the recipe. ashley: it's not going to taste the same. i tell you that. >> salt, pepper, and then just jalapeno. a little bit of spice, a little bit of parsley. ashley: yum. >> and mix it up. >> we're in business. >> we are. beautiful. ashley: what else we got here? >> we love to serve this with halumi cheese, it's going to be a great ending for the salad. ashley: i have never met a cheese i don't like. you can't go wrong with cheese.
4:35 am
that's my contribution to the cooking extravaganza. you can't go wrong with cheese. this is looking good. beautiful. what else we got? grilled shrimp shish kebab here as well, it looks absolutely gorgeous, i'm an absolute sucker for the shrimp. >> we have local maine shrimp. white shrimp. ashley: that looks gorgeous. >> marinated with herbs, olive oil, garlic, grilled with cherry tomatoes, with parsley puree and marinated tomato salad. ashley: beautiful. i'm a big dip fan, by the way. sit in front of the tv and scoop. >> coming from the middle east, this is something we staple in our menu. home made hummus, the taramasalata, spicy feta and tsaziki, cucumbers and yogurt.
4:36 am
ashley: what else we got here, breads, rose water pannacotta. >> apparently we have a vip trying to grab food as well. you can hear the cars go by? there you go, police escorts to the pita van. ashley: fantastic, we are out of time. i appreciate it. when we come back, a bizarre turn of events at air traffic control tower, leaving travelers cooling their heels. we'll have a live report from chicago. yes. and operating systems that are broken, is apple losing its shine? we'll have the story and so much more. i'm going grab something to eat and be right back.
4:37 am
4:38 am
4:39 am
. ashley: tens of thousands of travelers are still trying to
4:40 am
get to their destination tonight. this, after a bizarre chain of events grounded flights across the nation. jeff flock is in chicago with the very latest. jeff? >> reporter: bizarre chain pretty well says it, ashley. o'hare struggling to get back to normal. looks normal out here. if you take a look inside the terminal, you see what went on here today. not a pretty site. take a look at the latest that we know at this hour. limited traffic has resumed here at o'hare, after a bizarre day. a lot of people, it's going to be the weekend before they actually get where they're going. a lot of people in line to rebook flights. flights these days are heavily booked, so rebooking people not easy after so many cancellations, american alone with 786 cancellations, southwest going to be shut down through the end of tonight. so a lot of unhappy travelers here. here's what we know about what happened. there was an incident at the
4:41 am
aurora control center, this handles the high-flying flights over the midwest from coast-to-coast. it was not terror but a contractor apparently attempted to take his own life, as well as causing a fire there, setting a fire, and here is unconfirmed. that confirmed by police, unconfirmed he was upset over a transfer, impending transfer by employer to hawaii. emphasizing, not terror, but a lot of people terrorized. you see a couple of people talking with airline personnel. this has been a scene played out throughout this day numerous times. people saying geez, how do i get where i'm going. i suppose the bottom line on it, terrorists take note. if you blow up the aurora center, you cause a lot of problem, but don't completely shut the nation's air traffic control system down, the adjoining control centers in the minnesota and indianapolis
4:42 am
picked up the traffic eventually, and so we're trying to get back to normal, but not there yet. ashley: it doesn't take a lot, does it, jeff, to create this domino effect across the country, when you talk about a hub like chicago, so critical to so many airlines? >> reporter: exactly, and now with the airlines booking flights so heavily. used to be in the old days, you had free sxaktsd get another seat. not today. it's very hard to rebook. ashley: very good point. jeff flock, appreciate it. >> thanks, ashley. ashley: are problems causing consumers to sour on apple because of all of this? joining us is luis rincon. luis, what do you say? some people calling it the worst launch yet for apple because of all these glitches and bend-gate, and people
4:43 am
saying i have u2 burned into phone as well. what's your take on this? >> thanks for having me, ashley. interesting couple of weeks for apple, that's for sure. a bit of a pr headache. one thing we have to remember, every time a new product launches, a technical product, especially with an ios update. you have the extremists that find everything that's wrong with it, right? and try to bend the phones, try to crack them. try to hack the software. this is going further, it's crossing over into the realm of everyday activities, consumers can't use their phones in certain cases, so this isn't actually part of the extreme area. this is definitely something apple has to solve, you know, the glitch is they're experiencing around accessing apps, which one of the things that was exciting about this new update is we get third party keyboards, you select a third party keyboard and couldn't access it or select an
4:44 am
app and couldn't get images through it. it wasn't delivering what a lot of the new cool features were. the bend-gate thing, nine people have confirmed they had bending issues. they're applying a ton of pressure. the testing they go through at apple is significant. they test upwards of 50 pounds of pressure, they are applying upwards of 50 pounds of pressure. i'm reminded of the joke, it hurts when i do this, well, then don't do that. you shouldn't bend your phone. i have never tried to bend the phone. i can't tell if you my android phone bends because i've never tried that. ashley: smart, back to the operating system issues, it's surprising with apple with all of the brilliance and brainpower that works there, that some of the things, i don't know how this slips through the cracks. >> that's a great question, i think what was more shocking to me was the update that came out and was pull an hour later.
4:45 am
in order to solve some of the issues, apple released a new update and within an hour, that update caused more issues than the previous update. so they had to pull that. that's only the time apple made a statement, they recognize they did pull that. they're asking all the people who downloaded that specific update to refer back to the 8.0 update. plug in iphone to ipad or something connected to itunes. fairley shocking. ashley: so, i guess the big question, luis, is does it really matter? people can't seem to get enough of apple products. the orders, the backorders by the millions. does any of this matter to apple because they're selling these devices anyway? >> yeah, so, doesn't matter to apple, of course it matters to apple. they want to keep customers happy. and the people who work at apple are extremely intelligent and diligent what they're doing. they will figure this out.
4:46 am
you're asking me does this matter to apple. they are doing fine. stock is floating around $100 a share, they sold over 10 million of the devices over the weekend. it's a pr headache, they have to figure that out. the new updates will come out and this will all be great. i'm excited for the next one. a lot of the features, this is a really, really cool product that a lot of us can get a lot of use out of. ashley: when it works perfectly, it's better. luis, thanks so much. >> wonderful. ashley: thank you for your input. here is our question tonight, has apple lost its shine? log onto, i'll share the results at the end of tonight's show. still to come, we answer the question, is it legal? our legal panel is here to weigh in on the case a woman claims disney's blockbuster film "frozen" is based on her life and she wants 250 million bucks as a result. should she just let it go?
4:47 am
4:48 am
4:49 am
4:50 am
. ashley: a lawsuit over the movie "frozen" could send a chill through disney. the highest grossing movie has made over a billion dollars and counting. do you want to build a snowman is one of the popular songs in the film, one woman has filed a lawsuit. she claims that "frozen" plagiarized her autobiography about growing up in the andes. we talk about the merits of
4:51 am
this. liz, let me begin with you. you looked at the very -- >> three page federal complaint? that's it for plagiarism. ashley: what's your take? >> this is not going to go anywhere. you know lawyers love to file complaints and good for this scomplr this woman. have you ever heard of her book before, it was published in 2010. you have not heard of it, exactly. and it's about a sister and horses and all that. that's about as close as it gets to plagiarism. you cannot copyright an idea, and what she had is an idea. if anyone is suing, he can't, is hans christien andersen from my land, denmark, based off a snow queen. i grew up with that story. good old hans and his state are not suing, this is going nowhere are in woman. ashley: that said, bring in dwayne cates. looking at the exhibit here,
4:52 am
three pages here. but there are what they say a summary of the plagiarism that went on. the person that's bringing this suit, she has a line in her books story begins in a village, there's a town at base of snow covered mountains, she lives with parents and sister laura. disney's version, village at the foot of the snow covered mountains where elsa and sister live with parents. there are similarities, is this plagiarism? seems generic to me? >> copyright infringement, she meets the basic requirements for copyright infringement. her work was published, it was a books published, it's copyright. disney had an opportunity to i was in the public domain. and stories are eerily similar. what really got me about this whole thing is there are two men in both stories, they play the same role in both stories, and they have the exact same
4:53 am
name in both stories. >> take that to logical conclusion, if you have another story with two men with the same name and they're in a frozen area or -- really? that would be copyrighted? that copyrighting that idea, copyrighting those facts. copyright does not extend to that point. >> it's not the idea that was copyrighted, it's the story. she told the story line, it's about two sisters, one gets injured, one of them has an injury that keeps her isolated from the world. i mean, you follow the plot line, the plot line is identical in both. there isn't a lawyer that filed this. she's got almost no chance of winning the lawsuit against disney. >> exactly. >> no, no, and she's asking for 250 million? on a three--page complaint. and it's telling that she couldn't find a lawyer, lawyers love to make money, and if a lawyer wasn't willing to take
4:54 am
this case, it does tell you something. ashley: it's going nowhere. >> not going anywhere. ashley: you agree? >> you got to give her credit. you got to believe in the little guy, she's got a prima facie case. she probably isn't going to win, but got a claim. and you know what? she's going against the big guys all by herself. >> you know how she's going to win, she's going to win because we're talking about it and people are going to go to and check out the book. she may get a few more sales. ashley: how hard is it to win a case like this, to prove copyright, plagiarism, whatever you want to call it. how difficult is that against a mega company like disney? >> it's extremely hard. you're talking about years and years of litigation, you know if she had an attorney, you're looking at a couple hundred, 300, $400,000 worth of attorneys' fees as litigation
4:55 am
progresses, and they will grind her, and she doesn't have much chance by herself. >> it's not even just that. to get back to copyright question. you have to show access was impinged, you have to show the ideas and facts were taken. i don't think it's one woman against a big company, that's not it at all. i'm looking at it straight from copyright and plagiarism law. she doesn't have a case here. >> go ahead, dwayne. >> you look at the story line, though, the story line follows the same story line. now disney is going to argue fair use that everybody has got two sisters and everybody has somebody. >> and a horse and a father. >> similar, similar, but again, it follows the plot line and she has a prima facie case. ashley: going nowhere, on that you both agree. thank you so much dwayne and liz, appreciate it. we'll be back with the answer to our question of the day, has apple lost its shine? we'll let you know.
4:56 am
4:57 am
"hello. you can go ahead and put your bag right here."
4:58 am
"have a nice flight." ♪ music plays ♪ music plays traveling can feel like one big mystery. you're never quite sure what is coming your way. but when you've got an entire company who knows that the fewest cancellations and the most on-time flights are nothing if we can't get your things there, too. it's no wonder more people choose delta than any other airline.
4:59 am
>> earlier this hour, we told you about apple scrambling to fix a software glitch leasing some iphone users enable to make calls. has apple lost its sign. 67 percent said yes. apparently it hasn't. be sure to log on for our online questions. there is a story of a merest good samaritan in montana. delineating taxes just before the deadline an nonsense donor stepped in with a check for $96 saved every single family. the residents are asking him to come forward to thank him. that's it for tonight's willis report. i'm ashley webster. making money with chales payne is next. don't miss it.
5:00 am
and have yourselves a great weekend. neil:'s night on "cavuto," is isis among us? the subway terror plot prime ministers say is real but they have a tough time believing. they are not worried, but should you be? and if the fbi's getting annoyed at apple and google for not sharing what they have with law enforcement, should eric schmidt be? eric schmidt is here. and for all you iphone 6 plus buyers, should you be getting the spend out of shape? not after at how you how few of these phones are getting the end out of shape. and farewell, the last decent role model in sports has said goodbye. say it ain't so,jo


info Stream Only

Uploaded by TV Archive on